Administration of Justice Bulletin

What's Knoll Got to Do with It? Procedures in Implied Consent Cases to Prevent Dismissals Under Knoll

Tuesday, December 1, 2009

In addition to enacting the motions procedures for implied consent cases upheld by the court of appeals in State v. Fowler and State v. Palmer, the Motor Vehicle Driver Protection Act of 2006 enacted provisions designed to avoid dismissals of cases based upon the North Carolina Supreme Court's opinion in State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988), in which the court ordered the dismissal of impaired driving charges against three defendants based upon the denial of access to witnesses. This bulletin examines Knoll and its progeny and their relationship to procedural requirements designed to ensure that defendants charged with implied consent offenses are afforded an opportunity to gather evidence for their defense.

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